Lester Gene Brown v. Cedar Rapids and Iowa City Railway Company, a Corporation
Court of Appeals for the Eighth Circuit
1Opinion of the Court
McMILLIAN, Circuit Judge.
Cedar Rapids and Iowa City Railway Co. (the Railroad) appeals from a verdict and $92,500 judgment 1 for Lester Gene Brown (Brown) in his action brought pursuant to the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60.
The facts of the accident are not in dispute. Brown is a brakeman employed by the Railroad. On April 10, 1975, he was riding on the side of a moving boxcar, relaying signals from the conductor to the engineer. He was hit in the head by a metal derail switching stand located less than eight feet (8') from the center line of the adjacent track.…
2Cases cited22 opinions
- Urie v. ThompsonSupreme Court of the United States · 1949
- Norfolk & Western Railway Co. v. LiepeltSupreme Court of the United States · 1980
- Frank Coughlin, Padre Concrete Corporation, A. W. Van Cleave, Jr. And Allied Crushed Stone Company v. Capitol Cement Co.Court of Appeals for the Fifth Circuit · 1978
- Davis v. Marathon Oil Co.Illinois Supreme Court · 1976
- Boston and Maine Railroad v. Isabelle C. Talbert, AdministratrixCourt of Appeals for the First Circuit · 1966
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3Cited by33 opinions
- Board of Water Works Trustees of the City of Des Moines, Iowa v. Alvord, Burdick & Howson and Dorr-Oliver, IncorporatedCourt of Appeals for the Eighth Circuit · 1983
- Considine v. City of WaterburySupreme Court of Connecticut · 2006
- Frederick W. Tyrrell v. Norfolk Southern Railway CompanyCourt of Appeals for the Sixth Circuit · 2001
- Byron L. Smith and Opal Smith v. The Firestone Tire & Rubber Company and the Budd CompanyCourt of Appeals for the Eighth Circuit · 1985
- Janine G. Chohlis v. Cessna Aircraft CompanyCourt of Appeals for the Eighth Circuit · 1985
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